The Madurai Bench of the Madras High Court has dismissed the petition that sought to do away with voting via postal ballot for those on election duty and instead use the electronic voting machines (EVMs) in elections.
A Division Bench of Chief Justice Munishwar Nath Bhandari and Justice S. Ananthi (since retired) observed that voting via the postal ballot was in operation for decades to make it convenient for people on poll duty and it is being applied successfully.
The court was hearing a petition filed by S. Pandidurai, a school teacher from Theni district who sought a direction to the authorities to ensure 100 % voting by personnel on poll duty using EVMs instead of the postal ballot. He said voting via postal ballot involved many formalities and complications.
He sought to declare Rule 20 of the Conduct of Elections Rules, 1961 and Section 60 of the Representation of the People Act, 1951 as illegal, insofar as prescribing voting only by post for those who are on election duty.
Dismissing the petition, the judges observed that the provisions under challenge cannot be held to be ultra vires only for the reason that now the system of voting has shifted from ballot paper to electronic system.
To ensure the voting right of those on election duty is exercised and protected, an appropriate mechanism has been provided which involves no complications as stated by the petitioner. Everybody should exercise their voting right. The fact remains that 100 % voting could be ensured in any of the elections, the judges said.
